quidco declined claims who is responsible

bod1467

Is there a difference between denied and declined? (Yes, I know there are dictionary definition differences, but are these terms fundamentally different in respect of cashbacks?)

BaldacchinoR

I am not a lawyer but it seems to me that your contract is with Quidco - they promised you the cashback.

Quidco's contract is with the broadband provider who pays Quidco commission.

Much the same arrangement as that between consumer and retailer - that's one contract - and retailer and manufacturer that's another contract. The consumer's contract is with the retailer, not the manufacturer, even if the problem is a manufacturing fault.

I hope the issue of whether cashback is guaranteed, is tested in the courts soon. I hope it is found that cashback is part of the contract with the consumer to buy via the cashback site, which then earns commission because the consumer bought via their website. It should not matter whether the cashback site actually receives its commission as that is the subject of a separate contract from the one where the website agreed to pay the cashback - again two separate contracts. As someone above said, T & Cs cannot over-ride the law, although many retailers try to ignore the law when compiling their T & Cs. So even if the T & Cs say cashback is not guaranteed, the law may say different.

pmduk

There's unlikely to be a contract with Quidco as there is no consideration. You will have entered any agreement with Quidco in the knowledge that any cashback will be forwarded when received.

Money-Saving-King

The problem is there are too many people out there who don't read things, the first page of the vent part of the forum has a classic thread which proves this & I imagine many will know which thread this is.

A lot of people will not be careful with the methods used to help guarantee the cashback eg clearing cookies, not going near any other sites at all eg comparison sites which run by getting the commission. Cashback may well be declined from Quidco because another site like say go-compare got the commission instead due to the users error.

This may not be the case all the times but as I said it's so obvious the amount of people who don't read things a lot of missing cashback will no doubt be down to user error.

DaveTheMus

Money-Saving-King wrote: »

The problem is there are too many people out there who don't read things, the first page of the vent part of the forum has a classic thread which proves this & I imagine many will know which thread this is.

A lot of people will not be careful with the methods used to help guarantee the cashback eg clearing cookies, not going near any other sites at all eg comparison sites which run by getting the commission. Cashback may well be declined from Quidco because another site like say go-compare got the commission instead due to the users error.

This may not be the case all the times but as I said it's so obvious the amount of people who don't read things a lot of missing cashback will no doubt be down to user error.

Link please?

i enjoy a read like that..

MamaMoo_2

DaveTheMus wrote: »

Link please?

i enjoy a read like that..

Presumably the threads re: Raspberry Ketone, UK-Passport.net and taxreturngateway.com

bod1467

It's on page 2 just now.

https://forums.moneysavingexpert.com/discussion/4869030

MarkBargain

It is annoying as, although stated as not guaranteed, it is a factor when making a purchasing decision. For example, I booked a holiday with Thomas Cook last year as they offered 12% cash back worth about £60 which made it a slightly better deal than Lowcostholidays.com. It still hasn't even tracked and Thomas Cook are apparently not replying to the cashback site. While I never count on getting the cash back, one could argue this is unfair on the Lowcostholidays.com as they lost a sale because of cash back promised (but not yet paid) by a rival.

Badger_Lady

Cashback's always been a game. I have received the vast majority of claims, even if after a long waiting period. Some never make an appearance. But then I once received £50 by surprise from an insurance company - I'd never even asked them for a quote!

taxiphil

pmduk wrote: »

There's unlikely to be a contract with Quidco as there is no consideration.

The membership fee?

Even without that, it's a unilateral contract, so the performance of the obligations specified in the promisor's offer would satisfy the consideration element (principles established many moons ago in that old law school favourite, Carlill v Carbolic Smoke Ball Co).